Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-03
The Interstate Commerce Bill ana
the Capitalization Of Power.

To tie Editor Of the Dispatch:
The writer was never the advocate OF
extreme States-rights doctrines. De
scended from an unbroken line of Wing
ancestry, he was early taught that the
power of the General Government was
supreme in its sphere, but at the same
time it was a government of delegated
powers only, and all powers not dele
gated remained with the States respect
lively, or the people. The recent pas
sage of the Interstate commerce bill,
if it becomes q law, eXplodes the last
vestige of States rights, and it seems
about to be accepted by our people
with blind, unreasonin9 faith,
and without any conception OF the
tremendous stride il takes in the direc-
ton of complete Capitalization OF the
powers of the Government. For II
Congress can clothe commission with
enormous and well-nigh irresponsible
judicial power to make and unmake
laws. it can create railroad aud canal
conlpanies-grantt them charters III any
manner and upon any terms 1t deems
proper, there being no recognized limit
to the power, and whenever such cor
Dorations are chartered they will over
ride the powers of the State govern
ments. and it would seem to be I'M
necessary hereafter to keep up the
empty form or even the names OF the
different State governments. Perhaps
this may be best; but there area large
number of old-fashioned people not
vet prepared to admit it. The bill Is
plainly and manifestly unconstitutional.
| Congress shall have power 4" to regu-
late commerce among the States. y
These are the exact woodworking
more. nothing less. Does the power
to regulate give the power to create?
Was it not the manifest object OF the
trainers of the Constitution merely to
| give Congress the power to prevent
| the States themselves from passing
any laws which should throw burden
| some restraints upon commerce. The
| cotemporaneous discussions prove clear
ly that this Was their sole object, and
| they meant to invest Congress with the
right to use preventive legislation, md
n0thing more. Now, this bill gives
judicial functions and powers OF the
highest order TO the commission.
Where is the warrant for this In the
Constitution d? Congress itself being
the receptacle of delegated power alone,
can it redelegate this power to Judi
cial tribunal (for the commission Is
judicial trihnnaD not recognized 10y
the Constitution? If this be lawful, Is
there anything TO prevent Congress
from chartering a railroad from New
Orleans to Washington and pre-
scribing its rates ? Smarting under the
injustice heaped upon them by the rail
roads, the people are about TO revolu
tionize the whole theory of our govern
ment Just to thwart them; and when II
becomes law it will not accomplish III
purpose, because it is so written as Il
be capable of an unknown number 81
different constructions, and perhaps Il
was designedly so written in the int
rest OF the railroads. The words "un
der similar circumstances and comb
tons" offer wide field for differences
of opinion, and remind one OF the lat
Colonel John b. Baldwin's famous anec
dote about the ambitious barber who
pIaeedupon hissign the attractive words
s'What do you think will give yoV
a shave and then drink Read by thu
public it meant both shave and I
drink; read by the barber, with an EN-
phasis on certain words, it meant
very different thing, and suggested
very pertinent inquiry as to whethe
the customer thought the barber to b'
fool enough to give him a shave an.
then drink. And so it will be witt
the public with this bill. 1t is earnest
ly to I've wished that the President o
the United States will be equal to tn
occasion and place upon it the veto
so well deserves.
| m